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144                             SHIPPING PRACTICE

shipper shall indemnify the carrier against all loss, damages,
and expenses arising or resulting from inaccuracies in such
particulars. The right of the carrier to such indemnity shall
in no way limit his responsibility and liability under the
contract of carriage to any person other than the shipper.

6.  Unless notice of loss or damage and the general nature
of such loss or damage be given in writing to the carrier or
his agent at the port of discharge before or at the time of the
removal of the goods into the custody of the person entitled
to delivery thereof under the contract of carriage, or, if the
loss or damage be not apparent, within three days, such
removal shall be prima facie evidence of the delivery by the
carrier of the goods as described in the bill of lading.

The notice in writing need not be given if the state of the
goods has at the time of their receipt been the subject of joint
survey or inspection.

In any event the carrier and the ship shall be discharged
from all liability in respect of loss or damage unless suit is
brought within one year after delivery of the goods or the date
when the goods should have been delivered.

In the case of any actual or apprehended loss or damage
the carrier and the receiver shall give all reasonable facilities
to each other for inspecting and tallying the goods.

7.  After the goods are loaded the bill of lading to be issued
by the carrier, master or agent of the carrier, to the shipper
shall, if the shipper so demands, be a "shipped" bill of lading,
provided that if the shipper shall have previously taken up
any document of title to such goods, he shall surrender the
same as against the issue of the "shipped7* bill of lading, but
at the option of the carrier such document of title may be noted
at the port of shipment by the carrier, master, or agent with
the name or names of the ship or ships upon which the goods
have been shipped and the date or dates of shipment, and
when so noted the same shall for the purpose of this Article
be deemed to constitute a "shipped" bill of lading.

8.  Any clause, covenant or agreement in a contract of
carriage relieving the carrier or the ship from liability for loss
or damage to or in connection with goods arising from negli-
gence, fault or failure in the duties and obligations provided
in this Article or lessening such liability otherwise than as
provided in these Rules, shall be null and void and of no effect.

A benefit of insurance or similar clause shall be deemed to
be a clause relieving the carrier from liability.

Article IV. Rights and Immunities

i. Neither the carrier nor the ship shall be liable for loss or
damage arising or resulting from unseaworthiness unless caused
by want of due diligence on the part of the carrier to make the
ship seaworthy, and to secure that the ship is properly manned,
equipped and supplied, and to make the holds, refrigerating